Appellate Division of the Supreme Court of New York, 1962

Stern v. Motor Vehicle Accident Indemnification Corp.

Stern v. Motor Vehicle Accident Indemnification Corp.
Appellate Division of the Supreme Court of New York · Decided November 5, 1962
17 A.D.2d 919; 233 N.Y.S.2d 1; 1962 N.Y. App. Div. LEXIS 7192
Stern v. Motor Vehicle Accident Indemnification Corp.

Opinion of the Court

Order, entered on September 1, 1961, denying the application for leave to sue the Motor Vehicle Accident Indemnification Corporation unanimously affirmed, on the law, with $20 costs and disbursements to respondent. Petitioner-appellant is an insured ” rather than a qualified person ” by virtue of his holding an automobile insurance policy issued in his name by a member insurer of the Indemnification Corporation (Insurance Law, §§ 601, 618). Consequently, the further question of whether the cause of action is within the statute is not reached (Insurance Law, § 617). Concur — Breitel, J. P., Rabin, Valente, Stevens and Steuer, JJ.

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